Full Judgment
-1- IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 24TH DAY OF JULY, 2024 BEFORE THE HON'BLE MR. JUSTICE R.NATARAJ WRIT PETITION NO.200203 OF 2024 (KLR-RES) BETWEEN: CHANDRASHEKHAR S/O MANIKAPPA, AGE: 68 YEARS, OCC: AGRICULTURE, …PETITIONER (BY SRI. SACHIN M. MAHAJAN, ADVOCATE) AND:
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHAN SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. Digitally signed by 2. THE DEPUTY COMMISSIONER, MARKONAHALLI RAMU PRIYA BIDAR-585 401. Location: HIGH COURT OF KARNATAKA 3. THE ASSISTANT COMMISSIONER, BIDAR SUB DIVISION, BIDAR-585 401.
4. THE TAHASILDAR, BIDAR-585 401.
5. ARJUN S/O RAMRAO GAULI, AGE: 48 YEARS, OCC: AGRICULTURE,
6. VAIJIANTH S/O SHANKAR KAMBLE, -2- AGE: 58 YEARS, OCC: AGRICULTURE, …RESPONDENTS (SRI. G. B. YADAV, HCGP FOR R1 TO R4; SMT. PRAKRITI M. BORALKAR, ADVOCATE FOR R5; SRI. ABDUL MUQHTADIR AND SRI. NAVEEN SALIMATH, ADVOCATES FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE WRIT IN THE NATURE OF CERTIORARI AND QUASH/SET ASIDE THE IMPUGNED ORDER DATED 19.12.2023 PASSED BY THE RESPONDENT NO.2 IN KAN/APPEAL/RP-95/2023-24 VIDE ANNEXURE-E. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.NATARAJ
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE R.NATARAJ) The petitioner has challenged an order dated 19.12.2023 passed by respondent No.2 in Kan/Appeal/RP-95/2023-24, in terms of which, he set aside the order passed by respondent No.3 and remitted the case for reconsideration in respect of the land bearing Sy.No.50/*/8 of Chickpet village, Bidar North Hobli, Bidar Taluk and District measuring 20 guntas. -3-
2. When this petition was listed for preliminary hearing in ‘B’ group, the parties have filed a memorandum of compromise, the relevant terms of which reads as under: “TERMS OF COMPROMISE
(i) The respondent No.5 and 6 do hereby admit and
acknowledge that one Manikappa S/o Bandappa was the owner and possessor of land Sy.No.50/*/8, measuring 0 Acre 20 Guntas, situated at Chickpet village, Bidar North Hobli, Tq. & Dist. Bidar.
(ii) The respondent No.5 and 6 hereby admit and
acknowledge that late Manikappa died on 23.07.2009 and the petitioner-Chandrashekhar being the son of Manikappa was well within his rights to file application for succession mutation. Accordingly, the Tahsildar Bidar has rightly passed the order of mutation in favour of the petitioner herein.
(iii) The respondent No.5 and 6 herein admit and
acknowledge that they have no right whatsoever on the land bearing Sy.No.50/*/8, measuring 1 Acre 20 Guntas, situated at Chickpet village and they have given up all their rights which they were claiming under the Agreement of Sale, based on which, the defendant No.5 and 6 opposed the mutation. Thus, the respondent No.5 and 6 do hereby -4-
admit and acknowledge that the petitioner herein is the lawful owner and possessor of land bearing Sy.No.50/*/8, measuring 0 Acre 20 guntas, situated at Chickpet village and the respondent No.5 and 6 have no claim whatsoever on the said land.
(iv) The respondent No.5 and 6 herein declare and
state that they have no objection whatsoever for mutating the name of the petitioner herein on the basis is succession mutation as a result of death of his father Manikappa. In this manner, the respondent No.5 and 6 reiterate that they shall have no right, title or interest either past, present or future with respect to land bearing Sy.No.50/*/8, measuring 0 Acre 20 Guntas, situated at Chickpet village and the mutation be effected in the name of the petitioner herein.
(v) It is submitted that the contents of the
compromise petition have been read over and explained to the petitioner and respondent No.5 and 6 in Kannada language which is known to them and they have affixed their signatures after fully understanding the contents of the compromise petition, without any element of force, fraud or coercion. Wherefore, the petitioner and the respondent No.5 and 6 most humbly and respectfully pray that this Hon’ble Court may kindly be pleased to -5- dispose of the writ petition, in terms of compromise, in the interest of justice and equity.”
3. As a result of the compromise, respondent Nos.5
and 6 admit and acknowledge the ownership of the petitioner and admit that the revenue records in respect of the aforesaid land be transferred to the name of the petitioner.
4. The respondent Nos.5 and 6 are present and they
admit the terms of the compromise. Since the compromise is just and lawful and is not opposed to law, the same is accepted. The writ petition stands disposed off in terms of the compromise.
5. The petitioner and respondent Nos.5 and 6 have affixed their signatures to the order sheet of this Court in token of they accepting the terms of compromise. Sd/- (R.NATARAJ) JUDGE LG List No.: 3 Sl No.: 1